Or. Admin. Code § 603-032-0110

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-032-0110 - Licenses

(1) Every person who has not complied with the requirements of subsection (4) of Section 586.300 of the Act and who desires to engage in business as a public warehouseman under the provisions of the Act, shall, prior to the commencement of such business, file with the Department a surety bond or letter of credit executed in favor of the State of Oregon. Such bond shall be executed by a corporate surety qualified to do business in the State of Oregon. No warehouseman's license shall be issued prior to the Department's approval of such bond or letter of credit.

(2) Warehouse licenses shall be issued yearly and shall expire on June 30 of each year. Licenses issued for a fractional part of the fiscal year shall be paid for at the rate of the full annual warehouse fee.

(3) Warehouse licenses issued under the Act shall be non-transferable. Such licenses shall automatically terminate upon the transfer or cessation of business by the license holder.

(4) Upon termination of a warehouseman's license by suspension of business, transfer of ownership, revocation of license, or for any other cause, such license shall be immediately surrendered to the Department for cancellation. No refund of license fees shall be made by the Department in the event of such cancellation.

(5) Every warehouseman who discontinues the operation of a public warehouse shall surrender all blank and unused warehouse receipts to the Department for cancellation. No refund of pro rata costs of such receipts shall be made upon such surrender.

(6) All grain warehouses or elevators at one station will be licensed by the Department under one permanent license number. Individual warehouses (including adjoining warehouse buildings or facilities or those structurally connected, or connected by power conveyor, gravity, spout, or other mechanical devices capable of conveying grain from one such building or facility to the other) will be designated by the Department by a suffix letter "A", "B", "C", etc. The applicable assigned suffix number is to be painted on each warehouse when two or more houses or elevators are at one station.

(7)

(a) The Department in determining whether certain grain warehouses or elevators should be one station shall take into consideration:

(A) Whether the proposed grain storage facilities are in the same trading area; and

(B) Whether the proposed grain storage facilities can be reasonably audited by the Department.

(b) In determining whether grain storage facilities which it is proposed to consolidate can be reasonably audited by the Department, the following matters will be considered:

(A) Whether all grain storage facilities have the same cutoff for examination of records and physical measure-up;

(B) Accessibility and adequacy of records;

(C) Whether all of the grain storage facilities of a warehouseman in a particular locality are listed in the application.

Or. Admin. Code § 603-032-0110

AD 586, f. 7-28-58, ef. 7-25-58; AD 670, f. 6-16-61, ef. 7-1-61; AD 703, f. 5-21-62; AD 877(7-68), f. 4-30-68, ef. 7-1-6; DOA 9-1998, f. & cert. ef. 9-21-98

Stat. Auth.: ORS 586

Stats. Implemented: ORS 586.225 - ORS 586.561